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Womble Bond Dickinson

USPTO’s Rescission of its Discretionary Denial Memorandum - Much Ado About Nothing?

Womble Bond Dickinson on

In May 2020, the Patent Trial and Appeal Board (“PTAB”) panel in Apple Inc. v. Fintiv, Inc. (IPR2020-00019) denied institution of Apple’s petition in view of the advanced state of a parallel district court litigation and in...more

Fish & Richardson

ITC Monthly Wrap-Up: April 2023

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This month, there were four new complaints filed at the U.S. International Trade Commission....more

Goodwin

Fintiv 2.0: USPTO Director Issues Guidance Softening Risk of Discretionary Denial

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Newly appointed USPTO Director Kathi Vidal issued a set of interim procedures clarifying how the Patent Trial and Appeal Board (PTAB or Board) should apply its Fintiv decision going forward. Vidal’s guidance, which will...more

Jones Day

PTAB Makes Precedential Its Multi-Factor Approach To Assessing Follow-On Petitions

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Serial IPR or CBM petitions challenging the same patent claims have been a recurring issue for the PTAB. On October 18, 2017, the PTAB designated as precedential a portion of a decision by an expanded panel that addressed...more

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